Next on the docket? Legislation to regulate how employers compile and use certain background information in the hiring process.

H.B. 527 [pdf] will make it illegal for any employer with 15 or more employees to request a job applicant’s date of birth, social security number, or driver’s license number prior to making an offer of employment, unless it is done to conduct a criminal background check, credit check, driver’s record check, or check of the employer’s own records, and in no case without the applicant’s written consent. It also requires an employer to keep confidential the information learned about a job applicant during the application process and maintain policies on this confidentiality. Finally, it creates a private cause of action for violations.

No doubt, privacy is a hot button issue. In an age of identity theft and cyber crime, we have a heightened sensitivity to the protection of our personal information. This bill certainly resonates for these reasons, and while the federal Fair Credit Reporting Act will already require written consent in the many of the instances covered by H.B. 527, it fills a gap when an employer is running its own background check instead of using the services of a third party consumer reporting agency.

Keep an eye on H.B. 527. It has bi-partisan, Republican heavy support, and may add a new layer of complexity to your hiring processes in the months to come.

Disclaimer

This blog is for informational and educational purposes only. It does not constitute legal advice, and is not intended to create an attorney-client relationship. Further, your use of this blog does not create an attorney-client relationship. Online readers should not act upon any information presented on this blog without seeking professional legal counsel. The legal information provided in this blog is general and should not be relied on as legal advice, which I cannot provide without full consideration of all relevant information relating to one's individual situation.

The author apologizes for any factual or other errors in this blog. If you believe that some content is inaccurate, false, disparaging, slanderous, libelous, or defamatory, please post a comment or contact me; I will consider editing existing content, removing that content, or posting a retraction. Information herein is provided on an "as is" or "as available" basis; we make no warranty of any kind to you regarding the information provided and disclaim any liability for damages from use of the blog or its content.